Make Benton County pay legal fees, Bisbee asks judge

— County Judge Dave Bisbee wants Benton County to pay more than $73,000 in attorney fees he incurred defending himself against charges he improperly awarded a contract.

Last week, Bisbee filed a petition requesting that Special Judge John W. Cole rule on whether the county should pay attorney Asa Hutchinson’s law firm $73,044.85 for representing Bisbee after his April 21 arrest on misdemeanor charges. Cole presided over Bisbee’s trial after six judges from Benton County recused.

Bisbee was tried in June on three misdemeanor charges stemming from his decision to hire his company, Valley Homes, to remodel the offices of the county collector and assessor in Rogers. Gary Wierman, Bisbee’s longtime construction superintendent and then vice president of Valley Homes, did the work.

A jury found Bisbee innocent of two charges, but could not reach a verdict on a charge accusing Bisbee of using his office or the influence created by his office to advance the economic interests of an associate.

Prosecuting Attorney Van Stone dropped the remaining charge last week.

Justice of the Peace Marge Wolf said the definition of “reasonable” should be examined before Cole decides whether the county should pay Bisbee’s legal fees.

Justice of the Peace Dan Douglas said he hopes Cole reviews the fees before making a decision.

“This seems a little bit extravagant to me, and I hope the judge can point out some things that will make the bill a little bit more reasonable,” Douglas said.

Hutchinson stated in court documents that the definition of reasonable should include several factors, among them the experience and ability of the attorney, the time and labor required to perform the service properly, and the fee customarily charged for similar services in the local area.

Court documents filed by Hutchinson list his hourly rate at $660. Hutchinson charged Bisbee $400 per hour.

“I recognize that my usual hourly rate exceeds the customary rate of Arkansas lawyers, and for that reason I have reduced my rate to $400 per hour for most Arkansas cases. In the case of David Bisbee, we agreed to my lowest rate of $400 per hour,” Hutchinson said.

Two attorneys helped Hutchinson with Bisbee’s case. Hutchinson’s son, Asa Hutchinson III, charged $200 an hour and Duane A. Kees billed $175 an hour.

All three men were present during Bisbee’s four-day trial in June.

Stone said his off ice would file a response to the fee request by the end of the week.

The Arkansas Public Defender Commission pays private attorneys between $90 and $110 an hour when they are appointed to represent people facing the death penalty, said Public Defender Jay Saxton.

“It is an assault on the integrity of the system when you consider that there are defendants who are facing the death penalty whose attorneys are paid less in a capital-murder case than what they are seeking for this misdemeanor case where there was no jail time on the table,” Stone said.

Ro ge rs atto r n ey A n - drew Miller said he believes Hutchinson’s fee is reasonable considering the resources devoted to the Bisbee case, according to court documents.

Miller stated in court documents that Hutchinson asked him to review the fee. Miller said he believes Hutchinson’s hourly rate of $400 is consistent with the fees charged by other attorneys with Hutchinson’s experience.

Hutchinson said in his motion and accompanying petition that his fee is reasonable because of the amount oftime and energy his law firm needed to devote to the Bisbee trial.

Stone said there are a number of questionable items in Hutchinson’s detailed bill.

Those items include motions filed on behalf of Bisbee’s wife, Linda, and Bisbee’s corporate attorney, Howard Slinkard. Hutchinson did not represent Linda Bisbee or Slinkard and, as such, the county should not be paying those fees, Stone said.

Arkansas, Pages 13 on 07/23/2010

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